Column
Culture
Justice
Trauma
4 min read

Do victim statements offer up drama or justice?

Recent tragic cases highlight the changing audience for impact statements.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A classical court house with a statue on top of a dome.
The Old Bailey.

It’s a lesser-known irony of ancient history that it was Roman Emperor Tiberius who introduced Justitia to the pantheon of the gods, as the goddess of justice. Ironic in that it was Tiberius’s minion, Pontius Pilate, in remote Judea, who had history’s worst day at the office, administering Roman justice so cack-handedly on an insurgent preacher and miracle-worker from Nazareth that he sparked a chain of events on which a whole new system of (at least western) justice was founded. 

Justitia was the antecedent of Lady Justice, whose statue adorns the dome of London’s central criminal court at the Old Bailey – and many other courts besides. She invariably holds the judicial symbols of weighing scales and a sword. And she is often blindfolded, though not on the Old Bailey, despite such constitutional eminences as the shadow justice secretary Robert Jenrick erroneously claiming she is. 

The blindfold, scales and sword symbolise Lady Justice’s impartiality, the primacy of evidence and the equality of all before the law. We’ve grown accustomed to the rule of law in our democracy being applied blindly and without emotion. Convicted murderers are often described as having acted in cold blood and we expect justice to be served on them in the same manner, coldly. 

It’s in that context that I want to examine one way in which Lady Justice is going a bit wrong these days. It’s not about miscarriage of justice, so much as the dispassion of it. I’m talking about the victim impact statement, introduced in the UK in 1996, which comes between conviction and sentencing. 

It was meant to be an opportunity for victims and their families to tell the court of the impact and effects of the crime committed upon them. And, in that sense, to assist the judge or other sentencing authority to deliver an appropriate degree of punishment. So it is about the impact of the crime on those most directly affected by it. 

That appears no longer to be solely – or even in some instances partly – the case. The victim statement now seems to be an opportunity for the irreparably damaged to sound off at the defendant, to vent their pain and anger and contempt for and at the wretched convict. 

Take John Hunt, the BBC correspondent who lost his wife Carol and two of their three daughters, Hannah and Louise, to a multiple murder (and rape) one day last summer. His victim statement was less about the unimaginable effect these crimes have had on him and his surviving daughter, Amy, than about the divine judgment he would wish to call down on the murderer, Louise’s former partner Kyle Clifford. 

It really served no judicial purpose. It’s impossible to conceive that anything Hunt had to say had the slightest influence over the judge’s intention to pass down whole-life terms on Clifford, which he duly did. Its sole purpose seems to have been to allow Hunt to have his day in court, as it were, and who would wish to deny him that? But that does undermine the explicit purpose of the victim statement. 

Hunt himself conceded as much at the start of his statement when he said of his victim statement:  

“I initially misunderstood its purpose. Do I really need to detail the impact  of having three quarters of my family murdered?”  

He’s right – he didn’t. But he saw it as his “final opportunity” to address his family’s murderer. There followed an excruciating and heart-rending verbal attack on the convicted prisoner, culminating with the prophecy of his despatch to hell on his “dying day”:  

“The screams of Hell, Kyle, I can hear them now. The red carpet will come out for you…” 

I can’t know if Hunt would prefer the death penalty to be available to despatch his family’s killer immediately. One suspects he probably does. I oppose it, one reason being that it can leave no room for penance and redemption. We must surely all agree that Hunt gets a free pass on that rationale, but with no more severe sentence available than that which was passed, again we must ask what the purpose of the victim statement was. 

If it is simply to wish a hellish death on the perpetrator, then again we need to ask what purpose is being served and, indeed, if it’s healthy both for the judicial process and for the victim who delivers the statement. 

The same thought arose at a pre-sentencing hearing of the recent Nottingham murderer, when the son of one of the three victims, James Coates, told the killer:  

“Valdo Calocane, you claim the voices told you to kill these innocent people. Now listen to me, kill yourself.” 

Is that about impact? I don’t think so. I fear it has more to do with theatre in a media age that is insatiable for drama. Part of the purpose of the law is to maintain a distance between those affected emotionally and those who have committed crimes against them. 

Remove that and we reduce not only some of the justice for criminals to mere spectacle, but also in some degree respect for their victims and, indeed, the quality of mercy. 

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Review
Culture
Film & TV
Language
Music
6 min read

The Phoenician Scheme - opening the mind to wider horizons

Wes Anderson's new film widens our vision to a bigger world

Oliver is a Junior Research Fellow at Pembroke College, Oxford, writing and speaking about theology and AI.

Characters from a Wes Anderson film sit in a stylish plane interior.
Benicio del Toro and Mia Threapleton star.

Wes Anderson’s latest film – The Phoenician Scheme – has caused as much confusion amongst critics and viewers as it has the usual delight. It tells the story of Anatole – Zsa-Zsa – Korda, his mad-cap business scheme across an imagined near-Eastern world, and his growing relationship with his daughter (apparently), Liesl, a novitiate nun. There are the usual Anderson-ian tropes and characters, with superb cameos by Tom Hanks, Richard Ayoade, and Benedict Cumberbatch (worth watching in itself), and a real star turn for the young Liesl, Mia Threapleton.  

I first watched it on a transatlantic flight (viewer advisory: there are several scenes in rickety planes). I was hooked from the first moment. Why? Not just the usual Anderson style and panache and dead-pan weird story and acting. It was the music. Anderson himself first trained as a musician. It shouldn’t be a surprise that amidst the rest of Anderson’s meticulously designed and curated world the music should carry so much meaning.  

The opening scene (no spoiler, it’s in the trailer), involves the burning wreckage of a plane (viewer advisory). There are birds – crows, hovering. And from the wreckage, bloodied but unbowed, emerges Korda. We hear from a voiceover that this is by no means the first assassination attempt he has survived. It won’t be his last. But the music at this precise point? It is a dark and brooding short melodic fragment. Does this portray a dark and brooding – evil, even – presence in the main character? Indeed, this dark melodic fragment follows Korda around the whole film, a leitmotif.  

But far from it. And this is what delighted me and hooked me. Because this isn’t just any old dark and brooding melodic fragment. It is the opening notes of Stravinsky’s magnificent ballet score, his first hit for the Russian impresario in Paris, Diaghilev and his ‘Ballets Russes’, The Firebird. Now here’s the fun thing. If you know the ballet, you know that it is the magic of the firebird’s feather which brings new life out of death in the ballet’s wonderful conclusion. And that is because the Firebird story itself is based on another mythical bird-creature – the phoenix (remember the title of the movie). The mythical phoenix is a bird which cyclically dies in flames, only to be reborn from the ashes to new life. So immediately, even though all we can see is the burnt-out wreckage of a plane, what we might think to ourselves if we know our Stravinsky, is that perhaps what this melodic fragment signifies, far from a brooding menacing presence, is someone who is constantly going to reemerge from the ashes to new life. In fact, I immediately felt I would be surprised if that wouldn’t happen. Korda himself says at a certain point ‘I won’t die, I never do’. Just from a musical fragment, the whole story can be seen in one glimpse.  

There are two other Stravinsky ballets which Anderson skilfully deploys (although less intrusively than the Firebird theme): the joyous whirligig of the opening of Petrushka, and the searing epilogue of the ballet Apollo. Now the Petrushka music does seem to be associated with another character, just like Firebird is associated with Korda. In the movie, Petrushka appears in two moments of significance for Liesl, (apparently) Korda’s daughter, the novitiate nun (and therefore herself already intimately associated with music – The Sound of Music). But the telling thing here is that, unlike Firebird, Petrushka (the ballet) doesn’t end well for its eponymous puppet-hero. Petrushka is killed by another puppet, with only a fleeting appearance at the end as a ghost. So the music of the ballet of Petrushka, despite the excerpt we hear being full of joyousness and innocent youthful energy, and its association with Liesl, suggests that her journey in the film is going to go in a very different direction to the convent of her initial intentions. Once again, knowing the music and the whole pattern of it can foretell an entire history that will unfold, even just from a mere fragment.  

Now the next thing that is so fascinating here is the combination of Stravinsky and Wes Anderson. Stravinsky wrote several ballet scores for the ‘Ballet Russes’ and Diaghilev in the glamour of Paris of the 1920s and 1930s (amongst other famous ones are The Rite of Spring (which caused a riot), Orpheus, and Pulcinella). They are highly stylised pieces, often returning to Classical ideas and tropes (musically, as well as in theme), presenting stylised and formal dances, tableaux. And whilst all these descriptions could be applied to Anderson’s films, The Phoenician Scheme itself presents a series of quirkily introduced tableaux, with their own distinctive characters and settings. And, in the concluding scene, set in a theatre, all the characters are present all at once. A miniature mechanical device representing all of Korda’s business interests appears on a stage. And the music at that point? The opening movement of Pictures at an Exhibition (by Mussorgsky, a Russian composer from the generation before Stravinsky), music which presents its own series of musical tableaux. Artistic tableau, musical tableau, ballet, and now film presented as a series of tableaux all coming together in Anderson’s fertile imagination.  

But there is one last thing that is fascinating for us in this presentation of music and art and film and plot. There is a much earlier precursor for the technique I referred to above, of one musical fragment potentially carrying with it the implication and meaning of the whole work. That earlier precursor for this technique is found in the New Testament. The authors of the New Testament, especially Paul, were saturated in the texts which we now call the Old Testament, or what they thought of as their Scriptures (just as, we might say, Anderson is clearly saturated in Stravinsky). Scholars think the New Testament writers assumed a familiarity with those Scriptures in the hearers and readers of their new writings, or, alternatively, they were helping their hearers and readers newly think and imagine along the lines set out in the Scriptures. Time and again, as Richard Hays masterfully showed (in Echoes of Scripture in the Letters of Paul, and Echoes of Scripture in the Gospels), the authors resort to a technique called metalepsis. That is, in quoting or near quoting a few words or a phrase from their Scriptures, not only are the hearers/readers meant to understand that it is a quotation, but to import the sense of the entire passage or even book from which that miniature quotation emerges. It was Richard Hays’s groundbreaking work on this literary hermeneutical aspect which caused a sensation in New Testament studies in the 1980s and 1990s when it first emerged, because it opened up whole new lines of interpretation, without any question remaining about their veracity. What it means is that, as we read the New Testament, we have constantly to be aware of what Scriptures the writer had in mind, either consciously or semi-consciously, in order to allow that thought-world to permeate our reading. It is a reminder, whatever we are reading or watching or listening to, never to be too reductive about our own cultural horizons when we approach such a text, but to be listening and open and willing to be enlarged by the life-world of the text before us, as the great philosopher Paul Ricoeur used to say.  

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Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?

Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
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